ARTICLE 13 - OCCUPATIONAL SAFETY AND HEALTH
Section 1. Safety and Health
A. It will be the responsibility of the Employer to establish and maintain an occupational safety
and health program in accordance with Section 19 of the Occupational Safety and Health Act,
Executive Order 12196, and the Basic Program Elements for Federal Employee Occupational
Safety and Health Programs (29 CFR 1960). B. The Employer is responsible for providing a safe
and healthful workplace. The Employer and the Union agree to cooperate in a continuing effort
to avoid and reduce the possibility of and/or eliminate accidents, injuries, and health hazards in
all areas under the Employer's control. C. Employees will comply with occupational safety and
health standards, orders and regulations applicable to their positions.
Section 2. Occupational Safety and Health Committees
A. The Parties will maintain occupational safety and health committees at the regional and
establishment levels. B. When coverage of an establishment level committee is composed solely
of employees exclusively represented by NFFE, the committee will be composed of an equal
number of NFFE and Employer members. The chairperson will be elected by the committee and
will serve for at least one year. C. Establishment committees will meet at least quarterly. Written
minutes of each meeting will be maintained and distributed to each committee member, Accident
and Fire Prevention Branch and made available to employees upon request. D. In accordance
with applicable laws, the Employer will make available to the committee existing agency
information relevant and necessary to the duties of the committee. Examples of such
information include the Employer's safety and health policies and program, accident, injury, and
illness data, epidemiological data, material safety data sheets, inspection reports, abatement
plans, and internal and external evaluation reports. E. Duties of the establishment committee will
include:
1. Monitor and assist the safety and health program at establishments under its jurisdiction and
make recommendations to the official in charge on the operation of the program; 2. Monitor
findings and reports of workplace inspections to confirm that appropriate corrective measures are
implemented;
3. Participate in the inspection of the establishment when at least half of the committee deems
such activity is necessary; 4. Monitor plans for abating safety and health hazards; 5. Review
responses to reports concerned with allegations of hazardous conditions, alleged safety and
health program deficiencies, and allegations of discrimination due to participation in the OSHA
program. If at least half of the members of record on the committee are not substantially
satisfied with the response, they may report their dissatisfaction to the Occupational Safety and
Health Administration (OSHA), or request an appropriate investigation by OSHA; 6. Review
procedures for handling safety and health suggestions and recommendations for employees; and
7. Review reports of unsafe and unhealthful conditions where the hazard has been disputed.
Section 3. Designation of Responsible Employer Officials
The Employer agrees to post at each establishment a poster in accordance with OSHA
regulations. Among other information, the poster will list the name and phone number of the
designated individual to contact for safety and health matters.
Section 4. Abatement of Unsafe and Unhealthful Working Conditions
A. The Employer will
abate unsafe or unhealthy working conditions. B. When a hazard cannot be abated without
assistance of another Federal agency, the Employer will contact and act with that agency
concerning abatement. C. Whenever the Employer cannot abate such conditions within thirty
(30) calendar days, it will develop an abatement plan, including a proposed timetable for the
abatement, and a summary of steps being taken in the interim to protect employees from being
injured as a result of the unsafe or unhealthful working conditions. D. Employees exposed to the
conditions will be informed of the provisions of the plan, or action will be taken to prevent their
exposure to the conditions.
Section 5. Imminent Danger and Imminent Risk Situations
A. Employees will report suspected unsafe or unhealthful working conditions to their supervisor
as soon as possible. B. If an employee reports an unsafe or unhealthful working condition
through the normal reporting procedure and the Employer determines that imminent danger
exists, the Employer will undertake abatement and the withdrawal of exposed employees who
are not necessary for abatement. Employees not needed for abatement will follow instructions
given them. C. If an employee reasonably believes that he/she is being exposed to a health or
safety hazard presenting an imminent risk of death or serious bodily harm and he/she reasonably
believes that there is insufficient time to seek effective redress through the normal hazard
reporting procedure for imminent danger situations, then the employee may cease work and
leave the area without charge to leave, provided that he/she immediately reports the situation to
the nearest supervisor and follows the instructions given. D. When the Employer determines that
a serious hazard exists at a workplace, actions will be taken to prevent employee exposure to the
hazard, precautionary signs or notices will be posted and the appropriate Union steward will be
informed. E. In the event a building or certain floors of a building are being evacuated, all
employees will be evacuated except those employees who have been officially designated to
participate in the agency's occupancy emergency organization.
Section 6. Transportation in Emergencies
The Employer will arrange prompt transportation to a doctor or hospital for employees who
require emergency treatment not available on-site.
Section 7. Safety Training
A. The Employer will provide employees with appropriate orientation and/or training to perform
their jobs safely. Such training will include instructions in proper work methods to be used and
proper use of required personal protective equipment. B. Consistent with Executive Order 12196
and Basic Program Elements for Federal Employees Occupational Safety and Health Programs
(29 CFR 1960), the Employer will provide appropriate safety and health training for members of
occupational safety and health committees and other unit employees as determined necessary by
the Employer.
Section 8. On-site Medical Facilities
The Employer and the Union recognize the need for prompt emergency treatment for employees
injured on the job. Emergency treatment will be
provided through: 1. first aid treatment,
2. on-site medical facilities, or
3. transportation to and from off-site facilities.
Section 9. Safety Inspections
A. Union members of establishment level committees may participate in safety inspections and
will be authorized normal duty time to participate. B. In response to employee reports of unsafe
or unhealthful conditions, the Employer will require inspections within twenty-four (24) hours
for imminent dangers, three (3) working days for potentially serious conditions and twenty (20)
working days for other conditions. Employees may request anonymity.
Section 10. Temperature Conditions
Workplaces will be maintained at temperature levels appropriate to the nature of the workplace
and the type of work being performed in accordance with applicable FPMRs and GSA
regulations.
Section 11. Reporting Unsafe Conditions
The Employer agrees not to restrain, interfere, coerce, discriminate, or take reprisal for filing a
report of an unsafe or unhealthful working condition, or other participation in the Employer's
occupational safety and health program activities.
Section 12. Protective Clothing, Equipment and Tools
A. The Employer, in accordance with Executive Order 12196 and the Basic Program Elements
for Federal Employee Occupational Safety and Health, and other applicable directives will
provide approved safety equipment, approved personal protective equipment and other devices
necessary to provide protection of employees from hazardous conditions encountered during the
performance of official duties. B. Protective devices may include, but are not limited to, safety
glasses (prescription, if necessary), safety-toed shoes, ear-plugs, dust masks, safety aprons, foul
weather clothing and protective gloves. Protective devices do not include such items normally
provided by employees as part of the requirement for doing their jobs. Employees will use
safety equipment, personal protective equipment, and other devices and procedures provided or
directed by the Employer as necessary for their protection.
Section 13. Work in Confined Spaces or Remote Areas
A. When an employee is required to work in confined spaces which present a known hazard
likely to cause imminent serious physical harm, another employee will be assigned to work with
him/her or controlled communication will be maintained. B. When work is required to be
performed in areas where flammable vapors exist, all such areas will be maintained so that vapor
levels remain within acceptable safety parameters as determined by OSHA safety standards.
Should vapor levels exceed those parameters then only those personnel necessary to take
corrective action will continue to work in those areas.
Section 14. Field Federal Safety and Health Councils
A designated Union representative may be allowed to participate in activities and attend
meetings of Field Federal Safety and Health Councils in the local area without loss of pay or
charge to leave, provided that no additional overtime or premium pay will be allowed for such
participation.
Section 15. Work Safety
A. No employee below journeyman level will be required to perform work outside his/her
position description that may constitute risk of personal injury to himself/herself or damage to
equipment without supervision of a journeyman or supervisor qualified in the trade or craft. B.
Only qualified personnel will be required to repair or adjust moving or operating machinery.
The Employer and employees will maintain all equipment in safe working condition and provide
for periodic inspection and overhaul. C. The Employer will consider requests from an employee
to be excused from overtime work if he/she has a known health problem that is supported by a
current doctor's certificate that restricts the employee's daily hours of work.
Section 16. Employer and Health Records
The Employer agrees to compile and maintain records required by the Occupational Safety and
Health Act and the Employer's safety and health program. The Employer agrees to make
available for review upon written request by the Union, reports of safety inspections and reports
of accidents and of occupational diseases with the employee's approval.
Section 17. On the Job Injury, Illness or Death
A. In the event of an on-the-job death, the Employer will promptly notify the Union of the name
of the employee involved. B. The union may have a representative on any committee established
to investigate an on the job death of a bargaining unit employee. If the Union is not a member of
the committee, a copy of the report will be provided. C. Every effort will be made to notify the
employee's next of kin, in person, of a serious on the job injury or death, if possible. D. In the
event of an occupationally related on-the-job injury or illness, the Employer will undertake the
following: 1. OWCP forms should be filed by an employee or someone acting on behalf of the
employee as soon as possible. 2. Upon receipt of an OWCP claim form, the immediate
supervisor or agency official receiving the claim will fill out and give the employee the "Receipt
of Notice of Injury" attached to the OWCP form. 3. As soon as possible but no later than ten (10)
working days after receipt of written notice of injury or occupational disease, GSA will forward
the form to OWCP if the injury or illness is likely to: a. result in a medical charge against
OWCP; b. result in disability for work beyond the day or shift of injury; c. require more than two
(2) instances of medical examination and/or treatment; d. result in future disability; e. result in
permanent impairment; or f. result in continuation of pay. 4. Claims which the agency disputes
(called "controversion" of a claim by
OWCP) does not allow GSA to delay submitting the OWCP paperwork as required by Section
17.C.3. 5. If GSA wishes to dispute an initial claim or any payments related to the claim (i.e.,
transportation cost for receiving treatment), GSA will direct its disputes to OWCP, not to the
employee. E. An employee awaiting adjudication of an OWCP claim is entitled to use any sick
leave or annual leave to the employee's credit or leave without pay (LWOP) as requested by the
employee. Such requests and options cannot be denied. F. Continuation of Pay (COP) will be
explained to an employee entitled to COP before the employee is faced with the necessity of
using annual leave, sick leave or leave without pay. G. GSA will post OWCP posters explaining
basic entitlements in every duty location. H. When an employee becomes capable of performing
light duty work after an on-the-job injury the Employer will make every reasonable effort to
assign light duty work consistent with the restrictions specified by the attending physician.
Section 18. Video Display Terminals
Employees who suspect that an adverse health effect is caused by use of a video display terminal
or microfiche reader may make a report of the alleged unhealthful condition through the
Employer's system for employees to report unsafe or unhealthful working conditions. The
Employer agrees to review factors associated with the video display terminal or microfiche
reader which are related to known adverse health effects. The Employer further agrees to utilize
available corrective measures to reduce the effect of the adverse factor, such as:
- Periods away from the VDT screen will be provided by supervisors with other duties assigned
during these periods, as necessary,
- Radiation protection shields, hoods or non glaring screen,
- Dimmer switches on display screen,
- Indirect lighting,
- Features to compensate for vision problem,
- Efforts will be made to locate printers in section of the office to cut down on noise,
- Adjustable chairs or tables, and
- Pregnant employees may request Temporary Assignment to a position that does not require the
use of VDT. Every reasonable effort will be made to accommodate such a request.
Section 19. Hazardous Duty Pay
The following apply to hazardous duty conditions:
- When the Union believes that a local work situation warrants coverage under payable
categories of Appendix J of FPM Supplement 532-1, Subchapter S-8-7, it will notify the
Employer of the title, location, and nature of the hazard to justify payment of the environmental
differential.
- When the Employer determines or proposes that a local work situation is such that it should be
included or excluded from coverage under payable categories of Appendix J of FPM Supplement
532-1. Subchapter S-8-7, it will notify the Union of the title, location and nature of the hazard
and will provide in writing the reason for any denial of payment of environmental differential.
Section 20. Physical Examinations
The employee will be provided a physical examination as required by OSHA standards.
Section 21. Asbestos
A. Employees working directly with asbestos will be provided clothing and personal protective
equipment as specified by OSHA. The Employer will provide employees with modern efficient
respirators. The Employer will solicit union suggestions when purchasing such equipment. B.
Employees not directly involved with the handling of asbestos or with building modifications,
will be removed from the area and temporarily housed at other locations during repair or
modification work. This will occur when the building work requires contact with asbestos
containing materials, the work area is not sealed off from occupied areas, and the work is either
in the vicinity of the employee's normal work setting or involves modifications to the central air
system. C. Employees will receive physicals at the Employer's expense as required under OSHA
standards. D. The Employer will take steps to protect employee health and safety during building
modifications (such as the wetting down of asbestos). If these steps are not taken the provisions
of Section 5 may be followed. E. The Employer will notify the Union of its contact with the EPA
prior to building modifications involving asbestos.
Section 22. Health Insurance
The employer will furnish to each employee on a timely basis prior to open season a copy of the
Health Plan Enrollment Guide and Plan Comparison Chart.
National Agreement Between the
General Services Administration
and the National Federation of
Federal Employees
ADM 5940.2, March 21, 2019
GSA ORDER
SUBJECT: General Services Administration Occupational Safety and Health Program
